For years, two principles guided bail courts toward release. The "principle of restraint" says release at the earliest opportunity is favoured and that only reasonably necessary conditions should be imposed. The "ladder principle" requires the court to start with the least onerous form of release and only climb to stricter forms — sureties or money — if the Crown shows the lower rung is not enough.

What changed

• The Criminal Code now states that restraint does not require release, and that a person should be held where detention is justified, including for public safety.
• The ladder principle no longer applies when the accused faces a reverse onus.
• Courts must consider whether the allegations involve random or unprovoked violence.
• On the third (public confidence) ground, courts must consider the number and seriousness of any outstanding charges.

Practical impact

In reverse onus cases, the defence can no longer rely on the court working up from the lightest form of release. Expect more surety releases and more detailed conditions. For people with several outstanding charges, the public confidence ground has become a bigger hurdle, so addressing the outstanding matters directly in the bail plan is important.